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VIVEK AGARWAL
Dilip Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Agarwal, J. - This fourth bail application is filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.801/2021 registered at Police Station Banda, District Sagar for the offence punishable under Sections 304B, 498A read with Section 34 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961.
2. It is submitted by learned counsel for the applicant that the applicant is innocent. He is falsely implicated in this case. Earlier three bail applications have been dismissed by this Court as withdrawn. He is in custody since 27.2.2022.
3. He is Jeth of deceased Pushpa. Father of deceased, namely Balkishan and brother of deceased, namely, Omkar Yadav so also sister of the deceased have been examined. They have not supported the prosecution case. All three have turned hostile. Mother of the deceased expired in 2015. The above-said prosecution witnesses have stated in categorical term that Pushpa was not keeping good health and was disturbed due to some problem of stomach. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.
4. Learned Government Advo
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on changed circumstances and parity with co-accused, without expressing opinion on merits of the case.
The court's decision emphasized the importance of the applicant's presence during the trial while allowing the bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court considered the compromise between the parties, the affidavit from the deceased's father, and the similarity to a co-accused who was granted anticipatory bail as influential factors in grant....
The change in circumstances, particularly the turning of family members as hostile witnesses, can influence the court's decision in granting bail.
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